[Congressional Record Volume 142, Number 95 (Tuesday, June 25, 1996)]
[Senate]
[Pages S6898-S6899]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             THE SMALL BUSINESS JOB PROTECTION ACT OF 1996

                                 ______


                        BOND AMENDMENT NO. 4272

  (Ordered to lie on the table.)
  Mr. LOTT (for Mr. Bond) submitted an amendment intended to be 
proposed by him to the bill (H.R. 3448) to provide tax relief for small 
businesses, to protect jobs, to create opportunities, to increase the 
take home pay of workers, and for other purposes; as follows:

       Strike title II and insert the following:

                       TITLE II--PAYMENT OF WAGES

     SEC. 2101. PROPER COMPENSATION FOR USE OF EMPLOYER VEHICLES.

       (a) Short Title.--This section may be cited as the 
     ``Employee Commuting Flexibility Act of 1996''.
       (b) Use of Employer Vehicles.--Section 4(a) of the Portal-
     to-Portal Act of 1947 (29 U.S.C. 254(a)) is amended by adding 
     at the end the following: ``For purposes of this subsection, 
     the use of an employer's vehicle for travel by an employee 
     and activities performed by an employee which are incidental 
     to the use of such vehicle for commuting shall not be 
     considered part of the employee's principal activities if the 
     use of such vehicle for travel is within the normal commuting 
     area for the employer's business or establishment and the use 
     of the employer's vehicle is subject to an agreement on the 
     part of the employer and the employee or representative of 
     such employee.''.
       (c) Effective Date.--The amendment made by subsection (b) 
     shall take effect on the date of the enactment of this Act 
     and shall apply in determining the application of section 4 
     of the Portal-to-Portal Act of 1947 to an employee in any 
     civil action brought before such date of enactment but 
     pending on such date.

     SEC. 2102. MINIMUM WAGE INCREASE.

       (a) Short Title.--This section may be cited as the 
     ``Minimum Wage Increase Act of 1996''.
       (b) Amendment to Minimum Wage.--Section 6(a) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended by 
     striking ``(a) Every'' and all that follows through ``$4.25 
     an hour after March 31, 1991;'' and inserting the 
     following: ``(a) An employer shall pay to an employee of 
     the employer the following wage rate in accordance with 
     the requirements of this subsection:
       ``(1)(A) in the case of an employee who in any workweek is 
     employed in an enterprise engaged in commerce or in the 
     production of goods for commerce, not less than $4.25 an hour 
     during the period ending on December 31, 1996, not less than 
     $4.75 an hour during the year beginning on January 1, 1997, 
     and not less than $5.15 an hour after December 31, 1997;
       ``(B) in the case of an employee who in any workweek is 
     engaged in commerce or in the production of goods for 
     commerce, but is not employed in an enterprise engaged in 
     commerce or in the production of goods for commerce, not less 
     than $4.25 an hour;''.
       (c) Construction.--Section 6 of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206) is amended by adding at the end 
     thereof the following new subsection;
       ``(h) Nothing in this section shall be construed as 
     affecting any exemption provided under section 13.''.

     SEC. 2103. FAIR LABOR STANDARDS ACT AMENDMENTS.

       (a) Computer Professionals.--Section 13(a) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 213(A)) is amended--
       (1) by striking the period at the end of paragraph (16) and 
     inserting ``; or''; and
       (2) by adding at the end thereof the following new 
     paragraph:
       ``(17) any employee--
       ``(A) who is a computer systems analyst, computer 
     programmer, software engineer, or other similarly skilled 
     worker;
       ``(B) whose primary duty is--
       ``(i) the application of systems analysis techniques and 
     procedures, including consulting with users, to determine 
     hardware, software, or system functional specifications;
       ``(ii) the design, development, documentation, analysis, 
     creation, testing, or modification of computer systems or 
     programs, including prototypes, based on and related to user 
     or system design specifications;
       ``(iii) the design, documentation, testing, creation, or 
     modification of computer programs related to machine 
     operating systems; or
       ``(iv) a combination of duties described in clauses (i), 
     (ii), and (iv) the performance of which requires the same 
     level of skills; and
       ``(C) who is compensated on an hourly bases and is 
     comp4ensated at a rate of not less than $27.63.''.
       (b) Tip Credit.--Section 3(m) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 203(m)) is amended--
       (1) by striking ``(m) `Wage' paid'' and inserting ``(m)(1) 
     `Wage' paid''; and
       (2) by striking ``In determining the war'' and all that 
     follows through ``who customarily and regularly receive 
     tips.'' and inserting the following:
       ``(2)(A) In determining the wage an employer is required to 
     pay a tipped employee, the amount paid such employee by the 
     employee's employer shall be an amount equal to--
       ``(i) the cash wage paid such employee which for purposes 
     of such determination shall be not less than the cash wage 
     required to be paid such an employee on the day proceeding 
     the date of enactment of this paragraph; and
       ``(ii) an additional amount on account of the tips received 
     by such employee which amount is equal to the difference 
     between the wage specified in subclause (i) and the cash wage 
     in effect under section 6(a)(1).

[[Page S6899]]

       ``(B) Subparagraph (A) shall not apply with respect to any 
     tipped employee unless--
       ``(i) such employee has been informed by the employer of 
     the provisions of this subsection; and
       ``(ii) all tips received by such employee have been 
     retained by the employee, except that this subsection shall 
     not be construed to prohibit the pooling of tips among 
     employees who customarily and regularly receive tips.''
       ``(c) Opportunity Wage.--Section 6 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206) is amended by inserting 
     after subsection (f) the following new subsection:
       ``(g)(1) In lieu of the rate prescribed by subsection 
     (a)(1), any employer may pay any employee of such employer, 
     during the first 180 consecutive calendar days after such 
     employee is initially employed by such employer, a wage which 
     is not less than $4.25 an hour.
       ``(2) No employer may take any action to displace employees 
     (including partial displacements such as a reduction in 
     hours, wages, or employment benefits) for purposes of hiring 
     individuals at the wage authorized in paragraph (1).
       ``(3) Any employer who violates this subsection shall be 
     deemed to have violated section 15(a)(3).''.
                                 ______


                       KENNEDY AMENDMENT NO. 4273

  (Ordered to lie on the table.)
  Mr. KENNEDY submitted an amendment intended to be proposed by him to 
the bill H.R. 3448, supra; as follows:

       Strike Title II and replace with the following:

                       TITLE II--LABOR PROVISIONS

     SEC. 1. INCREASE IN THE MINIMUM WAGE RATE.

       (a) In General.--Section 6(a)(1) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to 
     read as follows:
       ``(1) except as otherwise provided in this section, not 
     less than $4.25 an hour during the period ending July 4, 
     1996, not less than $4.70 an hour during the year beginning 
     July 5, 1996, and not less than $5.15 an hour after July 4, 
     1997;''.
       (b) Employees Who Are Youths.--Section 6(a) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended--
       (1) in paragraph (4), by striking ``; or'' and inserting a 
     semicolon;
       (2) in paragraph (5), by striking the period at the end 
     thereof and inserting ``; or''; and
       (3) by adding at the end thereof the following new 
     paragraph:
       ``(6) if the employee--
       ``(A) is not a migrant agricultural worker or a seasonal 
     agricultural worker (as defined in paragraphs (8) and (10) of 
     section 3 of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1802 (8) and (10)) without regard 
     to subparagraph (B) of such paragraphs and is not a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)); and
       ``(B) has not attained the age of 20 years, not less than 
     $4.25 an hour during the first 30 days in which the employee 
     is employed by the employer, and, thereafter, not less than 
     the applicable wage rate described in paragraph (1).''.
       (c) Employees in Puerto Rico.--Section 6(c) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 206(c)) is amended to 
     read as follows:
       ``(c) The rate or rates provided by subsection (a)(1) shall 
     be applicable in the case of any employee in Puerto Rico 
     except an employee described in subsection (a)(2).''.

     SEC. 2. EXEMPTION OF COMPUTER PROFESSIONALS FROM CERTAIN WAGE 
                   REQUIREMENTS.

       Section 13(a) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 213(a)) is amended--
       (1) by striking the period at the end of paragraph (16) and 
     inserting ``; or''; and
       (2) by adding at the end thereof the following new 
     paragraph:
       ``(17) any employee who is a computer systems analyst, 
     computer programmer, software engineer, or other similarly 
     skilled worker, whose primary duty is--
       ``(A) the application of systems analysis techniques and 
     procedures, including consulting with users, to determine 
     hardware, software, or system functional specifications;
       ``(B) the design, development, documentation, analysis, 
     creation, testing, or modification of computer systems or 
     programs, including prototypes, based on and related to user 
     or system design specifications;
       ``(C) the design, documentation, testing, creation, or 
     modification of computer programs related to machine 
     operating systems; or
       (D) a combination of duties described in subparagraph (A), 
     (B), and (C) the performance of which requires the same level 
     of skills, and

     who, in the case of an employee who is compensated on an 
     hourly basis, is compensated at a rate of not less then 
     $27.63 an hour.''.

     SEC 3. USE OF AN EMPLOYER-OWNED VEHICLE.

       (a) In General.--Section 4 of the Portal-to-Portal Act of 
     1947 (29 U.S.C. 254) is amended by inserting at the end the 
     following:
       ``(e) For purposes of subsection (a), the use by an 
     employee of an employer-owned vehicle to initially travel to 
     the actual place of performance of the principal activity 
     which such employee is employed to perform at the start of 
     the workday and to ultimately travel to the home of the 
     employee from the actual place of performance of the 
     principal activity which such employee is employed to perform 
     at the end of the workday shall not be considered an activity 
     for which the employer is required to pay the minimum wage or 
     overtime compensation if--
       ``(1) such employee has chosen to drive such vehicle 
     pursuant to a knowing and voluntary agreement between such 
     employer and such employee or the representative of such 
     employee and such agreement is not a condition of employment;
       ``(2) such employee incurs no costs for driving, parking, 
     or otherwise maintaining the vehicle of such employer;
       ``(3) the worksites to which such employee is commuting to 
     or from are within the normal commuting area of the 
     establishment of such employer; and
       ``(4) such vehicle is of a type that does not impose 
     substantially greater difficulties to drive than the type of 
     vehicle that is normally used by individuals for 
     commuting.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of enactment of this Act and 
     shall apply in determining the application of section 4 of 
     the Portal-to-Portal Act of 1947 (29 U.S.C. 254) to an 
     employee in any civil action brought before such date of 
     enactment but pending on such date.

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